The main legal point established in the judgment is that vehicles must comply with safety standards and prototype testing, and cannot be altered without proper permissions. The court emphasized the limitations on altering vehicles without proper permissions and highlighted the importance of compliance with safety standards.

Headnote:
private service vehicle - alteration to goods vehicle - Motor Vehicles Act, 1988, Section 52 - Summary of Acts and Sections: The court discussed various provisions of the Motor Vehicles Act, 1988 and Rules, including definitions of different vehicle types, construction, equipment, and maintenance requirements, registration procedures, and alteration approvals under Section 52. The court emphasized the importance of compliance with safety standards and prototype testing, and highlighted the limitations on altering vehicles without proper permissions.
Fact of the Case:

The petitioners sought approval to alter their private service vehicles and omnibus as goods carriage vehicles under Section 52 of the Motor Vehicles Act, 1988. The registering authority refused approval, citing violations of the Act and Rules.
Finding of the Court:

The court found that vehicles must comply with safety standards and prototype testing, and cannot be altered without proper permissions. It emphasized that the registering authority cannot approve alterations that would make basic and fundamental factors inaccurate, and highlighted the limitations on altering vehicles without proper permissions.
Issues: The issues involved the approval of altering vehicles from carrying persons to goods carriage vehicles, compliance with safety standards and prototype testing, and the authority's power to approve alterations under Section 52.
Ratio Decidendi: The court held that vehicles must comply with safety standards and prototype testing, and cannot be altered without proper permissions. It emphasized that the registering authority cannot approve alterations that would make basic and fundamental factors inaccurate, and highlighted the limitations on altering vehicles without proper permissions.
Final Decision: The court disposed of the writ petitions with directions that vehicles manufactured after the Central Motor Vehicles (Amendment) Rules, 1993 must comply with Chapter V of the Central Motor Vehicles Rules, 1989, and cannot be altered without permission from the authorities notified by the Central Government. Vehicles manufactured prior to the Amendment Rules can apply for change of registration, but only after complying with specific rules. The court clarified that Section 52 does not enable the alteration of vehicle registration without obtaining permission from the notified authorities of the Central Government.

Judgment :-

K.S. Radhakrishnan, J.

The question that has come up for consideration in these cases is whether private service vehicle constructed and adapted for carrying "persons" could be altered as a "good vehicle" a vehicle constructed or adapted for use solely for the carriage of goods, in accordance with S.52 of the Motor Vehicles Act, 1988.

2. Petitioners in O.P. 15762 of 1998 and O.P. 15859 of 1998 are registered owners of omnibus. Those vehicles were manufactured after coming into force of the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules and Kerala Motor Vehicles Rules, 1989, but before the commencement of the Central Motor Vehicles (Amendment) Rules, 1993. Petitioner in O.P. 13265 of 1998 is the owner of the private service vehicle manufactured prior to the coming into force of the Motor Vehicles Act, 1988. Petitioners applied for approval of alteration of their vehicles as a "goods carriage vehicle" before the Registering Authority under S.52 of the Motor Vehicles Act. Registering authority did not grant the approval on the ground that if approval is granted that would violate the provisions of the Motor Vehicles Act and Rules.

3. In order to examine this question, it is necessary to examine the various provisions of the Motor Vehicles Act and Rules. Chapter VII of the Motor Vehicles Act, 1988 deals with general provisions regarding construction, equipment and maintenance of vehicles. Under S.109 of the Act, every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. S.69 is a similar provision in the Motor Vehicles Act, 1939. S.110 of the Act empowers the Central Government to make rules regulating the construction, equipment and maintenance of motor vehicles and trailers in respect of various matters enumerated therein. S.111 of the Act empowers the State Government to make rules regulating the construction, equipment and maintenance of motor vehicles in respect of matters enumerated under the said section. S.70 is the similar provision under the earlier Act. S.64 of the Act empowers the Central Government to make rules to provide for various matters enumerated therein including the form in which the certificate of registration shall be made and the particulars and information it shall contain and the manner in which it shall be issued under sub-s.(3) of S.41 and also with regard to the form and manner in which the particulars of the certificate of registration shall be entered in the records of the registering authority under sub-s.(5) of S.41. Various other provisions of the Act also empower the Central Government to frame Rules. Accordingly Central Government framed the Central Motor Vehicles Rules, 1989 in exercise of powers conferred by Ss.12,27,64 and sub-s.(14) of S.88, Ss.110,137,164 and 208 read with S.211 of the Act. In exercise of powers conferred by Ss.26, 28, 38, 65, 96, 107, 111, 138,159,179 and 213 of the act, government of Kerala have also framed the Kerala Motor Vehicles Rules, 1989.

4. In the instant case, we are concerned with the light motor vehicles. Light motor vehicles has been defined in S.2(21) to mean a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 6000 kilograms. S.2(29) of the Act defines 'omnibus' to mean any motor vehicle constructed or adapted to carry more than six persons excluding the driver. 'Private service vehicle' has been defined in S.2(33) to mean a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes.

5. Both the omnibus as well as private service vehicle are constructed or adapted to c

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1998 Supreme(Ker) 580

Cases Referred (1)